Indigenous land claims in Canada in the context of Indigenous land rights

In Canada, an Indian reserve (French: réserve indienne) or First Nations reserve (French: réserve des premières nations) is defined by the Indian Act as a "tract of land, the legal title to which is vested in His Majesty, that has been set apart by His Majesty for the use and benefit of a band." Reserves are areas set aside for First Nations, one of the major groupings of Indigenous peoples in Canada, after a contract with the Canadian state ("the Crown"), and are not to be confused with Indigenous peoples' claims to ancestral lands under Aboriginal title.

Co-management, also known as community-based management, community-based resource management, cooperative management, joint management, and collaborative management, in the broadest terms refers to the administration of a particular place or resource being shared between multiple local and state management systems. Although co-management encompasses a spectrum of power-sharing arrangements, in the Canadian context it typically refers to agreements between government agencies and representatives of Indigenous peoples in Canada to jointly make land use and resource management decisions about a tract of government-controlled land (e.g. protected areas) or resource (e.g.fishery.).

Co-management arrangements in Canada between Crown governments and Indigenous groups have historically arisen out of comprehensive land claims settlements (modern treaties), crisis resolution processes (i.e. over resource disputes), and more recently out of growing legal recognition of Indigenous right through supreme court jurisprudence, such as the 1999 Sparrow ruling. Where Crown governments enter into co-management agreements to minimize management costs or uphold human rights commitments, such Canada's endorsement of the United Nation's Declaration on the Rights of Indigenous Peoples, Indigenous groups leverage co-management strategically as a tool to advance their self-determination as distinct cultures and to reclaim political agency. Historically, co-management has been a subject of debate. From one stance, co-management is viewed as a paternalistic administrative arrangement levied by the state that reifies colonial relationships by co-opting Indigenous peoples, excludes Indigenous forms of law and governance, and/or displaces Indigenous assertions of sovereignty. In nearly all co-management agreements, the Minister maintains unfettered veto rights, which is a source of contention among critics of co-management. Proponents of co-management highlight its utility as an adaptive platform by which Indigenous peoples can assert their sovereignty and jurisdiction, and engage in power-sharing arrangements with the state. Indigenous perspectives on co-management have been under represented in studies on co-management and critiques against co-management erroneously reduce Indigenous peoples to subjects without agency or the capacity to politically organize.

The Nunavut Land Claims Agreement (NCLA, French: L'Accord sur les revendications territoriales du Nunavut) was signed on May 25, 1993, in Iqaluit, by representatives of the Tunngavik Federation of Nunavut (now Nunavut Tunngavik Incorporated), the Government of Canada and the Government of the Northwest Territories. This agreement gave the Inuit of the central and eastern Northwest Territories a separate territory called Nunavut. It is the largest Aboriginal land claim settlement in Canadian history.

The NLCA consists of 42 chapters, which address a broad range of political and environmental rights and concerns including wildlife management and harvesting rights, land, water and environmental management regimes, parks and conservation areas, heritage resources, public sector employment and contracting, and a range of other issues. The agreement defines two geographic areas covered by the agreement: the first consists of the Arctic islands and the mainland eastern Arctic, and their adjacent marine areas; the second includes the Belcher Islands, and associated islands and adjacent marine areas.